Interpreting Hong Kong's Basic Law

Administrative / Constitutional Law

Interpreting Hong Kong's Basic Law The Struggle for Coherence

Edited by Hualing Fu · Lison Harris · Simon Young
Palgrave Macmillan_ January 2008

Specifications

ISBN-13
9780230600416
Publisher
Palgrave Macmillan_
Publication
January 2008
Format
Hardback , 280 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book fills the gap in the understanding of approaches to constitutional law in the Mainland, and to allow comparison with the practices in Hong Kong and internationally.

Table of Contents

Introduction
PART I: INTERPRETING HONG KONG'S BASIC LAW
Legislative History, Origina Intent, and the Interpretation of the Basic Law; S.Young
Embracing Universal Standards?The Role of International Human Rights Treaties in Hong Kong's Constitutional Jurisprudence; C.J.Petersen
Constitutionalism in the Shadow of the Common Law: The Dysfunctional Interpretive Politics of Article 8 of the Hong Kong Basic Law; M.Dowdle
Interpreting Constitutionalism and Democratisation in Hong Kong; M.Davis
Forcing the Dance: Interpreting the Hong Kong Basic Law; R.Morris
PART II: CROSSING THE BORDER
One Term, Two Interpretations: The Justifications and the Future of Basic Law Interpretation; L.Feng & P.Lo 
Rethinking Judicial Reference: Barricades at the Gateway?; P.Lo
Formalism and Commitment in Hong Kong's Constitutional Development; Y.Xingzhong
PART III: LEGISLATIVE INTERPRETATION AND THE PRC CONSTITUTION
Legislative Interpretation by China's National People's Congress Standing Committee: a Power with Roots in the Stalinist Conception of Law; S.Woodman
Of Iron or Rubber? People's Deputies of Hong Kong to the National People's Congress; F.Hualing & D.W.Choy
China's Constitutionalism; L.Harris

About the Author

HUALING FU is Associate Professor of Law, University of Hong Kong. 
LISON HARRIS is Assistant Research Officer at the Centre for Comparative& Public Law, University of Hong Kong. 
SIMON YOUNG is Associate Professor; Deputy Director, Centre for Comparative and Public Law; and Co-Director, Asia-America Institute in Transnational Law at the University of Hong Kong.

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